3. Barking and Dagenham Council - Parked with one of more wheels over a footpath - Croppath road, Dagenham.
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Barking and Dagenham Council - Parked with one of more wheels over a footpath - Croppath road, Dagenham.
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I have been issued a PCN for parking over my dropped curb within a residents parking zone on croppath road (outside my own house). I recently changed my vehicle and was awaiting a change over of permits. In the meantime I displayed my blue badge whilst parking over my dropped curb.

The PCN itself makes no references to permit parking, more that I have not parked within a dedicated bay. I challenged this and this was subsequently rejected. I also raised this with the leader of LBBD council and received a response which I have attached. They mention that I didn’t have the relevant permit, should this not be the reason for contravention as opposed to the original contravention.

I have now received a notice to owner and would really welcome any assistance in order to overturn this.

Please see pictures that I have taken of the area. I have included the evidence provided by the council and also the PCN itself and the response from the B&D Council.

https://photos.app.goo.gl/AgKRq4qAGh1JZmYK7

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Re: Barking and Dagenham Council - Parked with one of more wheels over a footpath - Croppath road, Dagenham.
« Reply #1 on: »
Please add back of PCN and GSV link to location. Leader's response does not seem to entirely match the letter of rejection.
« Last Edit: August 09, 2023, 03:59:33 pm by John U.K. »
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Re: Barking and Dagenham Council - Parked with one of more wheels over a footpath - Croppath road, Dagenham.
« Reply #2 on: »
Please see GSV link

https://maps.app.goo.gl/zi4xDKC5aEw6eHxu6?g_st=ic

I have added the reverse side of the PCN on the Google photos link above.

Appreciate any help that can be offered.
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Re: Barking and Dagenham Council - Parked with one of more wheels over a footpath - Croppath road, Dagenham.
« Reply #3 on: »
@BrittVic the PCN has nothing to do with permits, dropped kerbs or anything of the sort.

The PCN was issued for parking on the pavement.

There is obviously widespread footway parking in this area, the issue is that you were parked on the footpath but outside of a bay. However there are no signs in this area that say footway parking is permitted only in marked bays, and an appeal can be won on this basis.

Providing you are the registered keeper and the address on the V5C is up to date (you'll have to physically check this, don't assume) all you need to do is wait for the Notice to Owner, post it up on here when you get it, and I will draft something for you.

If it's a leased or hired vehicle, tell us and I'll explain the process you have to follow.
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Re: Barking and Dagenham Council - Parked with one of more wheels over a footpath - Croppath road, Dagenham.
« Reply #4 on: »
Hi, many thanks for your reply.

I don’t own my vehicle, it’s leased via Motability.

I have since received the NTO which I have uploaded on the following link

https://photos.app.goo.gl/HfmAoFqeFmxxhNHfA

Really appreciate your input.

Vicky
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Re: Barking and Dagenham Council - Parked with one of more wheels over a footpath - Croppath road, Dagenham.
« Reply #5 on: »
Draft reps:

Dear London Borough of Barking & Dagenham,

I challenge liability for PCN BZ61701199 because the alleged contravention did not occur. Footway parking is generally allowed on Croppath Road, and there are no signs using diagram 627.1 with an auxiliary plate stating "in marked bays", so there is no indication that the footway parking resolution the council would have made for this road applies to parking bays only.

Section 15(5) of the Greater London Council (General Powers) Act 1974 provides that:

A highway authority shall, before the date specified in a resolution passed or notice issued in accordance with the last foregoing subsection, take such steps as are necessary to secure the placing on or near the road or footpath, or the part thereof, to which the resolution or notice relates of such traffic signs in such position as they consider requisite.

In this case, either the footway parking resolution allows parking on the entirety of the road, in which case a contravention did not occur, or it does not, in which case the contravention did not occur owing to the authority defaulting on its duties under section 15(5).

Further to this, I do not own and have never owned the vehicle.

It follows that the PCN must be cancelled in any event.

Yours faithfully,



Send this online and keep a screenshot of the confirmation screen.
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Re: Barking and Dagenham Council - Parked with one of more wheels over a footpath - Croppath road, Dagenham.
« Reply #6 on: »
Hi,

I have received a notice of rejection of representation (I have added the photos to the link above). The rejection reason just mirrors the original PCN rejection. The next step is tribunal, could I get some advice as to what i need to so next?

Thanks in advance

Victoria Britt
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Re: Barking and Dagenham Council - Parked with one of more wheels over a footpath - Croppath road, Dagenham.
« Reply #7 on: »
They have not re-offered the discount in their letter rejecting your reps against the NtO, so it's now a no-brainer to take them to London Tribunals as the penalty remains the same and there are no additional costs.
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Re: Barking and Dagenham Council - Parked with one of more wheels over a footpath - Croppath road, Dagenham.
« Reply #8 on: »
@BrittVic would you like me to represent you at the tribunal?
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Re: Barking and Dagenham Council - Parked with one of more wheels over a footpath - Croppath road, Dagenham.
« Reply #9 on: »
Hello,

Yes please, need all the help I can get! what would be the next steps?

Vicky Britt
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Re: Barking and Dagenham Council - Parked with one of more wheels over a footpath - Croppath road, Dagenham.
« Reply #10 on: »
I'll drop you a PM.
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Re: Barking and Dagenham Council - Parked with one of more wheels over a footpath - Croppath road, Dagenham.
« Reply #11 on: »
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
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  3. Barking and Dagenham Council - Parked with one of more wheels over a footpath - Croppath road, Dagenham.